Chapter 10.04
GENERAL PROVISIONS Revised 4/19

Sections:

10.04.010    Definitions. Revised 4/19

10.04.020    Authority of police and fire department officials. Revised 4/19

10.04.030    Persons other than officials not to direct traffic. Revised 4/19

10.04.040    Obedience to police or authorized officers. Revised 4/19

10.04.050    Obedience to traffic provisions. Revised 4/19

10.04.060    Traffic regulations apply to persons riding bicycles. Revised 4/19

10.04.070    Obstruction or interference with police or authorized officers. Revised 4/19

10.04.080    Public employees to obey traffic regulations. Revised 4/19

10.04.090    Exemption of certain vehicles. Revised 4/19

10.04.100    Report of damage to property. Revised 4/19

10.04.110    Penalty for violation. Revised 4/19

10.04.010 Definitions. Revised 4/19

The following words and phrases when used in this title shall for the purpose of this title have the meanings respectively ascribed to them in this section:

A. Motor Vehicle Code Definitions to Be Used. Whenever any words or phrases used in this title are defined, but are defined in the Vehicle Code of the state and amendment thereto, such definitions shall apply.

B. “Bicycle” means a device upon which a person may ride, propelled exclusively by human power through a belt, chain, or gears, and having one or more wheels.

C. “Central traffic district” means all streets and portions of streets within the area described as follows: all that area bounded by The Bay of Monterey on the South Wharf Road on the west, Cherry Avenue on the north and Monterey Avenue on the east.

D. “Coach” means any motor bus, motor coach, trackless trolley, or passenger stage used as a common carrier of passengers.

E. “Council” means the council of the city of Capitola.

F. “Curb” means the lateral boundary of the roadway whether such curb is marked by the curbing construction, or not so marked; the word “curb” as used in this title shall not include the line dividing the roadway of a street from parking strips in the center of a street, nor from tracks or rights-of-way of public utility companies.

G. “Devices moved by human power” includes any device with or without wheels not included in the definition of “vehicle” as defined in this section, including but not limited to roller skates and devices using roller skates, coasters, wagons, scooters, sleds, unicycles, which are propelled by the person using same. This definition does not include a device which is necessary to assist a person to travel upon the sidewalks, such as wheelchairs and walkers.

H. “Divisional island” means a raised island located in the roadway and separating opposing or conflicting streams of traffic.

I. “Loading zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.

J. Official Time Standard. Whenever certain hours are named in this title, they mean standard time or daylight saving time as may be in current use in this city.

K. “Parking meter” means a mechanical device installed within or upon the curb or sidewalk area, immediately adjacent to a parking space for the purpose of controlling the period of time occupancy of such parking meter space by any vehicle.

L. “Park” means to stand or leave standing any vehicle, whether occupied or not, otherwise than temporarily for the purpose and while actually engaged in loading or unloading of passengers or materials.

M. “Parkway” means that portion of a street other than a roadway or a sidewalk.

N. “Passenger loading zone” means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers.

O. “Pedestrians” means any person afoot.

P. “Police officer” means every officer of the police department of this city or any officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.

Q. “Stop,” when required, means complete cessation of movement.

R. “Stop or stand” when prohibited, means any stopping or standing of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic, or in compliance with the directions of a police officer or official traffic-control device.

S. “Vehicle code” means the vehicle code of the state.

T. “Median strip” means a strip of ground dividing a street, roadway or highway into lanes according to the direction of travel which may be raised, nonlandscaped, paved, planted, or otherwise landscaped.

U. “Roundabout” means a piece of ground located within the intersection of two or more streets, roadways or highways around which vehicular traffic streams for the purpose of continuing through the intersection or moving from one of the intersection’s streets onto another of the intersection’s streets, which may be raised, circular shaped, nonlandscaped, paved, planted, or otherwise landscaped. (Ord. 1027 § 1 (part), 2019: Ord. 993 § 1, 2014; Ord. 245 § 1, 1964; Ord. 204 § 1, 1963)

10.04.020 Authority of police and fire department officials. Revised 4/19

Officers of the police department and such officers as are assigned by the chief of police are authorized to direct all traffic by voices, hand, audible or other signal in conformance with traffic laws, except that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the police department or members of the fire department may direct traffic as conditions may require, notwithstanding the provisions to the contrary contained in this title or the Vehicle Code. (Ord. 1027 § 1 (part), 2019: Ord. 204 § 2, 1963)

10.04.030 Persons other than officials not to direct traffic. Revised 4/19

No person other than an officer of the police department or members of the fire department or a person authorized by the chief of police or a person authorized by law shall direct or attempt to direct traffic by voice, hand or other signal, except that persons may operate, when and provided in this title, any mechanical pushbutton signal erected by order of the superintendent of streets. (Ord. 1027 § 1 (part), 2019: Ord. 204 § 2.1, 1963)

10.04.040 Obedience to police or authorized officers. Revised 4/19

No person shall fail or refuse to comply with or to perform any act forbidden by the lawful order, signal, or direction of a traffic or police officer, or a member of the fire department, or a person authorized by the chief of police or by law. (Ord. 1027 § 1 (part), 2019: Ord. 204 § 2.2, 1963)

10.04.050 Obedience to traffic provisions. Revised 4/19

See Section 1.01.090(A)(2). (Ord. 1027 § 1 (part), 2019: Ord. 758 § 2, 1993; Ord. 204 § 2.3, 1963)

10.04.060 Traffic regulations apply to persons riding bicycles. Revised 4/19

Every person riding a bicycle upon a highway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle by this title, except those provisions which by their very nature can have no application. (Ord. 1027 § 1 (part), 2019: Ord. 204 § 2.4, 1963)

10.04.070 Obstruction or interference with police or authorized officers. Revised 4/19

No person shall interfere with or obstruct in any way any police officer or other officer or employee of this city in their enforcement of the provisions of this title. The removal, obliteration or concealment of any chalk mark or other distinguishing mark used by any police officer or other employee or officer of this city in connection with the enforcement of the parking regulations of this title will, if done for the purpose of evading the provisions of this title, constitute such interference or obstruction. (Ord. 1027 § 1 (part), 2019: Ord. 204 § 2.5, 1963. Formerly 10.04.100)

10.04.080 Public employees to obey traffic regulations. Revised 4/19

The provisions of this title shall apply to the operator of any vehicle owned by or used in the service of the United States government, this state, any county or city, and it is unlawful for any operator to violate any of the provisions of this title except as otherwise permitted in this title or by the Vehicle Code. (Ord. 1027 § 1 (part), 2019: Ord. 204 § 2.6, 1963. Formerly 10.04.110)

10.04.090 Exemption of certain vehicles. Revised 4/19

A. The provisions of this title regulating the operation, parking and standing of vehicle shall not apply to vehicles operated by the police or fire department, any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified by the Vehicle Code in response to an emergency call.

B. The foregoing exemptions shall not, however, relieve the operator of any such vehicle from obligation to exercise due care for the safety of others or of the consequences of his or her wilful disregard of the safety of others.

C. The provisions of this title regulating the parking or standing of vehicles shall not apply to any vehicle of a city department or public utility while necessarily in use for construction or repair work or any vehicle owned or operated by the United States Post Office Department while in use for the collection, transportation or delivery of United States Mail. (Ord. 1027 § 1 (part), 2019: Ord. 204 § 2.7, 1963. Formerly 10.04.120)

10.04.100 Report of damage to property. Revised 4/19

A. The operator of a vehicle involved in any accident resulting in damage to any property publicly owned or owned by a public utility, including but not limited to any fire hydrant, parking meter, lighting post, telephone pole, electric light or power pole, or resulting in damage to any tree, traffic-control device or other property of a like nature located in or along any street, shall within twenty-four hours after such accident make a written report of such accident to the police department of this city.

B. Every such report shall state the time when and the place where the accident took place, the name and address of the person owning and of the person operating or in charge of such vehicle, the license number of every such vehicle, and shall briefly describe the property damage in such accident.

C. The operator of any vehicle involved in an accident shall not be subject to the requirements or penalties of this section if during the time he or she is physically incapable of making a report, but in such event he or she shall make a report as required in subsection A of this section within twenty-four hours after regaining ability to make such report. (Ord. 1027 § 1 (part), 2019: Ord. 204 § 2.8, 1963. Formerly 10.04.130)

10.04.110 Penalty for violation. Revised 4/19

Violations of the provisions of this title for which a civil penalty is not provided by Vehicle Code Section 40200(a) shall constitute infractions. (Ord. 1027 § 1 (part), 2019: Ord. 758 § 3, 1993; Ord. 204 § 14, 1963. Formerly 10.04.140)